Joint Medical Examination Guidelines

1. Introduction

1.1 The transport accident scheme is a statutory compensation scheme for people who sustain an injury as a consequence of a transport accident. The interests of the injured person (client) are the foremost consideration of all parties to these Guidelines.

1.2 Consistent with its mission and vision statement, Client Service Charter and public commitment to model litigant guidelines, the Transport Accident Commission (TAC) strives to assess and deliver the correct entitlements to clients as expeditiously as possible. The role played by clients’ lawyers in this process is recognised by the TAC by way of the client's lawyers initiating the process, proactively arranging and initiating medical exams, obtaining and collating documentation, and engagement of negotiation to facilitate the most appropriate outcome for clients in accordance with the provisions of the Transport Accident Act 1986 (TAA).

1.3 The parties recognise that the processes giving rise to the assessment and delivery of benefits involves assessment by a suitably qualified medical practitioner. Where the assessment relates to impairment, practitioners must have completed training in the use of the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment, 4th Edition, and other prescribed methods, as applied to the relevant Victorian legislation.

1.4 In consultation with the Joint Medical Examination Reference Group, which includes representatives from the Law Institute of Victoria (LIV), the Australian Lawyers Alliance (ALA) and medical examiners, the TAC has developed these Guidelines for the purposes of arranging Joint Medical Examinations (JMEs) under Section 60(2F) of the TAA. Also refer to the Joint Medical Examination Protocol – 30 March 2026 as agreed between the TAC, LIV and ALA.

1.5 The TAC, LIV and ALA all agree that these Guidelines outline appropriate mechanisms and standards for the assessment of clients through the JME process.

1.6 In this document the term 'examiner' means a registered health practitioner within the meaning of the Health Practitioner Regulation National Law.

1.7 In this document the term ‘initiating parties’ means the TAC and the client’s lawyer representing the client.

1.8 The relationship between an examiner and a client undergoing a JME differs from that in a usual practitioner/patient relationship or the Independent Medical Examination (IME). Notwithstanding this difference, it is expected that recognised ethical, professional and legal standards and the applicable law will be adhered to at all times.

1.9 These Guidelines have been agreed to by the TAC, LIV and ALA who agree that they will comply with them and promote their use.

2. Objectives

2.1 The objectives of these Guidelines are:

2.1.1 To ensure that processes and procedures contemplated in Section 60(2F) of the TAA provide an efficient and expeditious method to assess clients and deliver appropriate damages and entitlements to clients who sustain injuries as a result of a transport accident;
2.1.2 To minimise the number of medical examinations that a client is required to attend;
2.1.3 To ensure that examiners comply with appropriate standards when assessing clients.

2.2 The TAC maintains its commitment to adhere to model litigant guidelines.

2.3 All parties maintain compliance with the overarching obligations of the Civil Procedure Act 2010.

3. Application

3.1 These Guidelines apply to JMEs to be conducted pursuant to Section 60(2F) of the TAA for the purposes of determining benefits, disputes or common law entitlements under Parts 3, 6 and 10 of the TAA.

4. JME process

4.1 The process for lodging a JME request for the client's lawyers can be found on the TAC website at Joint Medical Examination process for legal professionals.

4.2 The JME process for examiners who are assessing a client can be found on the TAC website at Joint Medical Examination process.

5. Practitioner registration and suitability

Suitability of examiners

5.1 The ALA, LIV and TAC agree that a Joint Medical Examiner must meet the following criteria:

5.1.1 Be registered as a health practitioner under the Health Practitioner Regulation National Law in the profession and/or speciality in connection with which they are to conduct examinations; and
5.1.2 Hold current Australian Health Practitioner Regulatory Agency (AHPRA) registration with no conditions, undertakings, reprimands, limitations, or restrictions and not be subject to supervisory requirements; and
5.1.3 The examiner must maintain relevant clinical currency in their specialty or subspecialty in accordance with the Recency of Practice Registration Standard of the applicable AHPRA National Board; and
5.1.4 Adhere to the TAC’s Joint Medical Examination Protocol 2026, including these JME Guidelines and the TAC's JME fee schedule.

Professional standards

5.2 Examiners must:

5.2.1 Maintain the standards of professional behaviour as outlined in Good Medical Practice: A Code of Conduct for Doctors in Australia when conducting medical examinations.
5.2.2 Treat clients with the same professional standards of care, consideration and courtesy that non-medico-legal patients would expect. This includes compliance with all relevant professional standards (such as codes of conduct, competency standards, clinical guidelines or policies) that apply to the examiner’s profession, speciality and/or sub-speciality, and otherwise ensuring that the examiner acts in accordance with the standards expected of a health practitioner in the relevant profession.
5.2.3 Comply with professional standards in the conduct of an examination, which are particularly important in connection with the following matters:
- professional behaviour;
- maintenance of professional boundaries;
- maintenance of clear and accurate medical records;
- informed consent; and
- proper conduct of physical examinations.
5.2.4 Comply with all relevant registration standards and policies required to maintain and renew their registration (such as registration standards relating to the maintenance of adequate professional indemnity insurance and continuing professional development).

6. Child safety

6.1 Examiners must:

6.1.1 Comply with all policies, procedures and standards relating to child safety and wellbeing in accordance with their profession;
6.1.2 Hold a valid and current Working with Children Check (WWCC);
6.1.3 Comply with all applicable child protection laws;
6.1.4 Adhere to the TAC's policy with respect to its obligations under child protection laws;
6.1.5 Ensure they do not, or omit to do, anything that would cause the TAC to breach its obligations under child protection laws.

6.2 Failure to comply with all criteria and guidelines may result in suspension or revocation of an approved JME.

7. Referrals

7.1 Examiners will receive written confirmation from the initiating party that the examination is jointly requested. Examiners must not undertake an examination as a JME unless they have received written confirmation from either initiating party.

7.2 The referring parties will consider the appropriateness for the referral before arranging the examination. Where an examiner considers a referral to be inappropriate (i.e. outside of their qualifications and experience), notification to the referring parties is to be made as soon as practicable and documented in any resulting report.

7.3 Examiners must not accept a referral or undertake an examination if a conflict of interest (actual, potential or perceived) might arise (see Section 8: Conflict of interest).

7.4 Initiating parties offer no guarantee regarding the number of referrals.

7.5 Examiners have the right to accept or decline any request by the initiating parties to undertake an assessment.

8. Conflict of interest

Conflict of interest requirements

8.1 Examiners must act independently and impartially. Examiners must withdraw from examinations where an actual, potential or perceived conflicts of interest exist.

8.2 A conflict of interest arises where an examiner’s personal, professional, financial or business interests could improperly influence, or be perceived to influence, the examiner’s independence, objectivity or professional judgement.

Examples of conflict of interest

8.3 Conflicts of interest requiring withdrawal include:

8.3.1 Prior examination of a client for an unrelated matter and prior treatment of a client
8.3.2 Where the examiner has a business or financial relationship with a healthcare professional involved in the client’s treatment, including where:
- 8.3.2.1 the examiner and the treating practitioner share a financial interest, partnership, directorship or ownership in the same practice or entity;
- 8.3.2.2 the examiner and the treating practitioner are engaged in a joint venture or revenue sharing arrangement; or
- 8.3.2.3 the examiner has the capacity to derive financial or commercial benefit directly or indirectly from the services to the client by the treating practitioner.
8.3.3 Where the examiner has a current business, employment, consultant or other commercial or contractual relationship with:
- 8.3.3.1 the client;
- 8.3.3.2 the client’s treating healthcare professional;
- 8.3.3.3 a legal representative acting for the client;
- 8.3.3.4 any person or entity with a direct financial interest in the outcome of the examination; or
- 8.3.3.5 a person or entity that is currently, or has previously, provided treatment or therapeutic services to the client in relation to any claimed transport accident related injuries.
8.3.4 a personal or family relationship with the client or treating practitioners, other independent practitioners and also legal representatives;
8.3.5 prior advocacy for or against the client.

Obligations

8.4 Examiners must assess conflicts of interest before acceptance, immediately disclose any conflicts with full details, and cease work if conflicts emerge.

8.5 Examiners must not treat clients after conducting JMEs.

9. Appointment preparation

Documentation

9.1 Examiners should view all relevant documents (e.g. medical reports, x-rays, surveillance material and medical records) sent by the initiating party. In the event that additional material is required, examiners should contact the initiating party, advising the reasons why the additional material is required. Examiners may not obtain or seek to obtain information about a client from any other source unless authorised by the client, their legal representative or the TAC.

9.2 The TAC will consider the client’s lawyers’ letter of instruction and attached documentation. The TAC will send any additional questions and material to the client’s lawyer for inclusion in the combined letter of instruction. The combined letter of instruction will be provided to the examiner no later than 14 days prior to the examination date.

9.3 The TAC and client’s lawyer agree to adhere to the Documentation Guide and will take all reasonable steps to avoid irrelevant material being sent to the examiner.

Arranging travel and accommodation

9.4 The TAC will pay the agreed travel and reasonable accommodation costs associated with either the examiner or the client travelling for the purpose of conducting an examination, subject to the client’s lawyer obtaining prior approval from the TAC and providing all required invoices and receipts, in accordance with Clause 9.3 of the Joint Medical Examination Protocol 2026.

Arranging an interpreter

9.5 The initiating party of the JME will arrange for a qualified interpreter to attend the examination if required. It is preferred that family and friends do not act as interpreters. Examiners must be sensitive to the presence of an interpreter if the client to be examined is to be undressed and to ask the client about the appropriateness of the interpreter being in the room during this time.

9.6 The TAC will pay the reasonable costs of an interpreter for the purpose of JMEs in accordance with its interpreting services fee schedule. Invoices and receipts should be submitted to the TAC after the JME as per the TAC's interpreting and translating services policy.

Arranging security

9.7 If there are concerns about a client's behaviour and/or the client has identified behaviours of concern, the initiating party must endeavour to notify the non-initiating party and the examiner. Attendance of a security officer at the examination should be arranged. Examiners may also request the attendance of a security officer by contacting the initiating party. The initiating party is responsible for arranging and paying for the provision of the security officer.

9.8 Where an examiner is concerned about their safety, the TAC is supportive of converting the examination to telehealth where practical to do so. See the TAC's telehealth policy. If a telehealth assessment is not appropriate, the examination should be terminated and the initiating party notified.

10. Appointments

Wait times and delays

10.1 The client must not be kept waiting for an unreasonable time. Examiners should aim to see clients within 30 minutes of the appointment time.

10.2 Where a client is delayed and arrives late to the scheduled appointment, examiners should provide a reasonable period of time (a minimum of 15 minutes) for clients to arrive before cancelling the appointment.

Examiner cancellation and rescheduling

10.3 Examiners must notify the initiating party of any appointments that they need to cancel as soon as is practical after they become aware of the need for the cancellation.

10.4 Approval must be sought from the TAC prior to any rescheduled appointment taking place. Examiners should not make any rescheduling arrangement directly with the client.

Client non-attendance and late cancellation

10.5 Non-attendance refers to a failure to attend the scheduled examination appointment. A late cancellation includes any cancellation or rescheduling made within two business days of the examination date.

10.6 The initiating party must take all reasonable steps to ensure the client attends the JME at the scheduled time.

10.7 The TAC will pay the agreed costs for one late cancellation/non-attendance where notification is provided less than 48 hours prior to the scheduled appointment, or the client fails to attend on the day of the appointment.

10.8 The TAC will fund a maximum of one non‑attendance or late cancellation per approved JME specialty.

10.9 The examiner should submit the initial invoice directly to the TAC for payment. For any subsequent late cancellations or non-attendances, the examiner should submit the invoice directly to the initiating party.

Length of appointment

10.10 Examiners must allocate sufficient time to allow for a fair and comprehensive examination to be carried out.

11. Examinations

Collaboration

11.1 Examiners will examine the client on behalf of both parties. Any observations, concerns or comments should be incorporated into the report.

Personal attendance

11.2 Examiners must personally conduct the full medical JME including taking the history and preparing the JME report. Examiners must adhere to all relevant privacy and security requirements. Where Artificial Intelligence (AI) tools are used during the examination or in preparing the report, examiners must:

11.2.1 Remain accountable for all aspects of the examination and report, applying independent professional judgment to all AI outputs;
11.2.2 Understand the AI tool sufficiently to use it safely, including its intended use, limitations, how it was trained and tested, and contexts where it should not be used;
11.2.3 Obtain informed consent from the client prior to using any AI tool that records consultations, processes personal health information, or otherwise involves client data (see clause 11.17.2);
11.2.4 Ensure all use of AI tools complies with privacy and security requirements as outlined in Section 18, including verification that client data is collected, stored, used and disclosed in accordance with legal requirements; and
11.2.5 Be aware of and address any potential bias in AI tools.

Third party attendance

11.3 If a client requests the presence of a family member or friend for support during the examination, this may be acceptable provided that the examiner considers this appropriate in the circumstance. The third person should not be allowed to disrupt the examination.

11.4 There should be no objection to the third person assisting in clarifying aspects of a client’s medical and injury history, but they should not be permitted to interfere with the normal interchange between the examiner and the client.

11.5 Clients attending a psychiatric or neuropsychological examination will normally be seen without family members or friends because of the personal and private nature of the questions asked. Examiners should provide due consideration where the client’s preference is to have a family member or friend attend the examination or part of the examination for support.

11.6 In specific circumstances, if required for proper assessment, examiners may interview family and friends separately to the client (e.g. minors, clients with a head injury or psychological injury).

Surveillance

11.7 The TAC will not use scheduling of a JME for the purpose of conducting surveillance of the claimant.

Accessibility

11.8 All examiners' rooms must be accessible premises pursuant to the Discrimination and Victorian Equal Opportunity Act 2010 (Vic). If there are any access limitations, examiners must notify the initiating party as soon as possible.

11.9 If a client is unable to attend the examination due to access limitations or the client’s medical condition, the examiner may be asked to conduct an examination at another suitable location. This is subject to the examiner’s consent and to reaching agreement with the initiating parties about suitable location and travel arrangements.

11.10 Videoconferencing may be approved in exceptional circumstances if a client is unable to attend an in-person examination. The JME must adhere to the TAC's telehealth requirements for medico-legal examinations.

Telehealth examinations

11.11 Telehealth JMEs will only be approved in line with the TAC's telehealth policy. Approval depends on meeting the policy criteria, including suitability for the client’s condition and assessment needs.

11.12 A telehealth examination is defined as a videoconference attended by the medical examiner and the client. Audio-only examinations via phone are not permitted.

11.13 The preferred method for medico-legal assessments is an in-person examination. However, in some circumstances the use of videoconferencing may be clinically appropriate and convenient for clients.

11.14 Videoconference examinations may be considered in the following circumstances:

11.14.1 Psychiatry or neuropsychological assessments (where practical);
11.14.2 Where a physical examination is not required; or
11.14.3 The client is required to travel from interstate or from regional or remote areas.

11.15 Telehealth assessments are not encouraged in the following circumstances:

11.15.1 The client requires a detailed physical examination;
11.15.2 The case is complex (e.g. complex nerve where sensory testing required);
11.15.3 There is potential risk to the mental or physical health of the client, or it is necessary to provide a controlled or therapeutic setting ensuring privacy and comfort for the client; or
11.15.4 The client may not have capacity to fully participate in online assessments.

11.16 In addition to the requirements of the TAC's telehealth policy, examiners must:

11.16.1 Be confident that all components of the examination can be assessed adequately via telehealth, enabling a complete report to be provided without the need for a follow-up in-person examination. Examiners should review the documentation prior to the appointment to confirm the nature and complexity of the required examination;
11.16.2 Be confident in using the technology platform without compromise;
11.16.3 Be able to confirm the client’s identity;
11.16.4 Obtain consent from the client if any photography, screenshots, video or recording will be taken during the examination; and
11.16.5 Note in the report that the examination was conducted via telehealth, including the type of platform used, how the examination findings have been performed and documented, people present, consent of the client and both medical examiner and client’s location.

Communication with the client

11.17 At the start of the medical examination, the examiner should:

11.17.1 Declare any perceived or actual conflict of interest to the client prior to the examination;
11.17.2 Obtain the client's informed written consent if AI is being used during the examination or in preparing the report. This consent must include:
- 11.17.2.1 A clear explanation of what AI tools will be used and for what purpose (e.g. transcription, diagnostic assistance, report preparation);
- 11.17.2.2 How the client's personal health information will be collected, used, stored and disclosed by the AI tool;
- 11.17.2.3 Whether the client's data will be used to train or improve the AI model;
- 11.17.2.4 Where the data will be stored (including whether it will be stored outside Australia);
- 11.17.2.5 Any limitations or risks associated with the AI tool;
- 11.17.2.6 That the examiner remains fully responsible for the accuracy and quality of the examination and report regardless of AI use; and
- 11.17.2.7 That the client has the right to decline the use of AI tools, in which case the examination will proceed without AI assistance.
11.17.3 Explain to the client the purpose of the examination and that it is an examination jointly agreed to by the client’s lawyer and the TAC;
11.17.4 Outline the expected duration of the examination to help the client prepare;
11.17.5 Clarify their role, including that they do not provide treatment except in medical emergencies, to prevent misunderstandings;
11.17.6 Inform the client that the report will be shared with the initiating parties and is therefore not confidential, ensuring transparency;
11.17.7 Reassure the client of their impartiality and confirm that their role is to provide an objective clinical assessment, not to determine the outcome of the claim; and
11.17.8 Identify their specialty and explain its relevance to the JME to establish credibility.

11.18 Examiners should avoid value judgements, personal comments, or providing findings or recommendations during the examination to maintain professionalism.

11.19 Examiners should clearly answer a client's questions about the purpose or relevance of any questions, procedures or other aspects of the JME.

11.20 Examiners should forewarn clients if an examination, test or procedure is required which may be considered or interpreted as intrusive, or cause some discomfort or pain. Examiners should explain why the examination, test or procedure is necessary and reassure the client that it will not worsen their condition. Examiners should obtain the client's consent prior to conducting the examination, test or procedure. Where consent is not given, this should be noted in the report.

11.21 Examiners should not discuss or provide treatment recommendations directly with the client. Any treatment recommendations are best made by, and should be provided through, the client’s treating practitioner.

11.22 Examiners should not contact the client directly prior to or post the examination to discuss the examination (other than confirming appointment details) or clarifying matters missed during the examination without firstly seeking approval from the initiating parties. Where approval has been obtained, examiners should ensure any contact directly with the client is detailed within their final report.

Presentation and conduct during the examination

11.23 Examiners must present themselves in a professional manner at all times. Their examination facilities and equipment must be clean, safe and fit for purpose.

11.24 A gown or other covering must always be offered if a client is asked to undress. The examiner must excuse themselves or move out of the client's line of sight while the client is undressing.

11.25 Examiners must:

11.25.1 Conduct the entire assessment in person, unless otherwise agreed with the TAC, including the history and medical examination; and
11.25.2 Be responsible for the authorship and accuracy of the medical examination report (including any addendum or supplementary reports, if requested by the initiating parties); and
11.25.3 Not conduct any component of a medical examination without being in the room with a client, unless otherwise agreed between the examiner and a client (e.g. telehealth-based medical examination).

Tests

11.26 Examiners may recommend further investigations such as pathology and imaging services in order to provide a complete and accurate assessment relating to a client’s potential eligibility to treatment, services and entitlements or where the findings of the assessment would be otherwise incomplete or unreliable.

11.27 Examiners must not initiate any investigations, tests or imaging without the consent from the client and prior consideration by the treating health practitioner.

11.28 Where the examiner requires further investigations, tests or imaging, this should be included as a recommendation in their report. This must include an explanation:

11.28.1 as to why a final assessment cannot be completed without the requested test, imaging or pathology; or
11.28.2 as to why a reliable impairment assessment cannot be provided due to additional imaging being required, together with details of the table(s) and/or text from the AMA 4th Edition Guides relevant to the imaging requested.

11.29 It is acknowledged that specialist tests may be required and initiated by an examiner in the following circumstances: lung function testing, audiology or sleep studies, which form part of the assessment. An addiction medicine specialist may conduct a breathalyser test, urine drug test and blood test(s) if considered necessary to provide an opinion. The client must provide their consent to such a special test.

11.30 Upon receiving the examiner’s report and any request for additional imaging, scans, and or investigations, the initiating party will discuss the recommendation with the client and provide a copy of the report to the client’s treating practitioner for consideration.

11.31 The initiating party will arrange for the results of the further investigations, tests or imaging to be provided to the examiner via a supplementary report request.

Contact with treating healthcare practitioners

11.32 An examiner would usually not contact a client’s treating healthcare practitioner for the purpose of conducting a JME. Examiners are encouraged to obtain consent and to contact treating healthcare practitioners only if it will assist the examiner to raise urgent treatment recommendations. Written consent is not needed if the examiner has an overarching legal, ethical or professional obligation.

11.33 If examiners contact treating healthcare practitioners, the discussion should be documented in detail in the JME report.

12. Reports

12.1 Examiners must send identical copies of the report to the TAC and the client’s lawyer. All communications pertaining to the examination must be included in the report. There should be no separate communications (including written or verbal) to either party.

12.2 Examiners should consider the potential readership when preparing reports. Reports are mainly used by the initiating parties; however, reports may also be provided to the client who was the subject of the examination and treating healthcare professionals (with the consent of the examiner). They may be used in Court and may also be subject to requests made under the Freedom of Information Act 1982.

12.3 Examiners must comprehensively address all questions outlined in the combined letter of referral and consider all documentation provided by both parties when completing their report. The questions should be included in the report so it can be read as a stand-alone document.

12.4 Examiners’ reports should:

12.4.1 Be limited to matters of professional opinion and not contain comments about what decision the examiner considers the TAC or client’s lawyer should make unless there is a specific question;
12.4.2 Be in plain English and avoid the use of jargon or language that is overly technical. Where technical language is required, a brief explanation of what any technical terms or phrases mean should be provided;
12.4.3 Provide an accurate diagnosis based on references to a detailed and accurate history and an appropriate and thorough clinical examination;
12.4.4 Contain clear and unambiguous professional opinions and, where required, recommendations based in science and with reference to best practice medicine or best clinical practice;
12.4.5 Present an evidence-based approach to evaluating symptoms and clinical findings, as far as practicable;
12.4.6 Note if there is insufficient clinical information to make a diagnosis;
12.4.7 Contain reasons for all opinions expressed;
12.4.8 Be consistent in that opinions should accord with examination findings;
12.4.9 Be impartial, and not contain any value judgements or personal comments;
12.4.10 Contain only relevant information and only disclose personal information to the extent that it is relevant to the findings or opinions;
12.4.11 Only include descriptions of a client’s appearance or demeanour during the examination to the extent that it is relevant to the findings, opinions or recommendations made (e.g. as part of a mental state examination), and only where the relevance is articulated;
12.4.12 Be free of advocacy and/or bias for any party;
12.4.13 Note whether support people were present at the examination (such as interpreters);
12.4.14 Note the duration of the examination; and
12.4.15 Not contain recommendations with respect to treatment unless specifically requested.

12.5 Reports are to be completed and sent to the initiating parties within 10 working days of the examination. The initiating party should be contacted if this is unachievable.

12.6 Referrals may be paused if an examiner consistently fails to meet the report turnaround timeframes.

Addendum and supplementary reports

12.7 Addendum reports provide corrections to the original medical examination report to address any errors or omissions. The TAC does not provide additional payment for addendum requests as they are considered part of the original report.

12.8 Unless otherwise stated, requests for a supplementary report should be considered jointly requested by the initiating parties. Where the initiating parties have not reached agreement, either party can obtain a supplementary report at their own expense.

12.9 An examiner may be required to undertake a re-assessment where a client’s condition is not substantially stabilised. Approval from the initiating parties is required for the examination to proceed as a JME.

12.10 Where possible, the initiating parties will provide one joint supplementary request letter to the examiner.

13. Fees

13.1 An examiner should invoice the TAC directly for reimbursement of the examination and report fee or supplementary reports that have been agreed to by the initiating parties.

13.2 The TAC agrees to pay the cost of all reports that have been agreed or deemed agreed to be undertaken as JMEs, in accordance with the TAC’s JME fee schedule, within 14 days of receiving both the report and a valid tax invoice from the examiner.

13.3 Report costs are not able to be paid until the fully completed report has been provided to both parties.

13.4 Invoices must comply with the How to invoice the TAC guidelines and utilise the correct item codes as prescribed in the JME fee schedule.

14. Quality assurance

14.1 Examiners will be expected to participate in quality assurance processes as requested. This may include participating in ad hoc or structured audits, training and/or feedback.

15. Court and tribunal attendance

15.1 Examiners must be available to attend and give evidence in the Victorian Civil and Administrative Tribunal and in Court proceedings. Some proceedings may be held in regional areas. This obligation continues beyond an examiner's term as an examiner in the JME process.

15.2 An examiner must be familiar with, and acknowledge within their report, their obligations as an expert witness in accordance with Form 44A – Expert Witness Code of Conduct in the Supreme Court (Chapter I Expert Witness Code Amendment) Rules 2016, together with Rule 44.03 of the Supreme Court (General Civil Procedure) Rules 2015, Rule 44.03 of the County Court Civil Procedures Rules 2018, VCAT Practice Note – PNVCAT 2 Expert Evidence dated 8 December 2022, Section 10(3) of the Civil Procedure Act 2010 (Vic) and part 4.6 of the Civil Procedure Act 2010 (Vic).

Copies of the applicable obligations are provided as Appendix 1 to this document.

16. Notification

16.1 Examiners must notify the initiating parties immediately of:

any conditions, undertakings, reprimands or restrictions on their AHPRA registration; or
the suspension or cancellation of their AHPRA registration.

The initiating parties must also be informed by the examiner of any of the above at the time the examination is requested. In these circumstances the JME will not meet the eligibility criteria. Any JME appointments booked will need to be cancelled, with the initiating party advised.

16.2 Examiners must notify the initiating parties immediately of complaints made against them.

16.3 Examiners must also notify the initiating parties immediately of, or within a reasonable time frame of becoming aware of any relevant matters affecting or capable of affecting their suitability to conduct examinations (suitability matter) where:

16.3.1 The examiner has received a referral to conduct an examination/s;
16.3.2 The examiner is scheduled to conduct an examination/s in the future;
16.3.3 The examiner expects to receive a referral to conduct an examination/s in the future; or
16.3.4 The examiner regularly conducts examinations.

16.4 Examiners must also notify the TAC immediately of any of the following circumstances that affect, or are capable of affecting, an examiner’s suitability (as outlined in Section 5) to conduct examinations:

16.4.1 If the examiner is the subject of a notification or complaint to AHPRA, the Health Complaints Commissioner, the Professional Services Authority or any other regulator;
16.4.2 If the examiner has been the subject of any adverse findings by any regulator, court or tribunal in connection with their area of practice;
16.4.3 If the examiner has been the subject of any regulatory action by a regulator in connection with their area of practice (including the issuing of a reprimand or caution);
16.4.4 If the examiner has been charged with, or been found guilty of, a relevant clinical offence;
16.4.5 If the examiner is suffering from (whether formally diagnosed or not) any health symptoms or conditions that could affect their capacity to practise safely and competently; and
16.4.6 If the examiner is the subject of a civil proceeding or claim in connection with their practice of the profession.

16.5 For the purposes of this clause, ‘relevant criminal offence’ means:

16.5.1 If the offence occurred or is alleged to have occurred in the course of the examiner’s practice as a health practitioner; and
16.5.2 If the offense occurred or is alleged to have occurred outside the course of the examiner’s practice as a health practitioner.

16.6 For the purposes of this clause, ‘within a reasonable time,’ is to be interpreted with regard to the timing of upcoming scheduled examinations, and generally speaking, will be a time period less than 10 days. However, where an examination is due to take place imminently and an examiner has become aware of a suitability matter, the examiner must make the notification immediately.

16.7 Where a practitioner’s AHPRA registration has been suspended or cancelled, JME requests with the nominated practitioner will be denied until the practitioner has their AHPRA registration reinstated.

16.8 Examiners must fully cooperate with the initiating parties where a complaint has been made about them during the course of their role in the JME process.

16.9 Where the JME Guidelines require an examiner to notify the TAC, the examiner must provide written notice to the TAC at medical_examiners@tac.vic.gov.au.

17. Feedback and complaints

17.1 This process is restricted to feedback and complaints relating to concerns about a client’s attendance at a JME and or the professional conduct of an examiner.

17.2 Feedback and complaints assist the TAC, ALA and LIV to monitor, evaluate and improve the operation of the JME process and experience for clients.

17.3 All feedback and complaints should be addressed promptly, with clear and transparent communication about the actions taken and the resulting outcome.

17.4 The TAC will take carriage of all feedback and complaints and will be responsible for liaising with all relevant stakeholders to resolve any complaints raised.

17.5 If a client wishes to provide feedback about their experience at a Joint Medical Examination, or where they have concerns regarding the professional conduct of an examiner, they may provide feedback (informal or formal) to their lawyer or to the TAC in accordance with Clauses 17.8 to 17.13 below (Process).

17.6 Feedback may be positive or constructive and can relate to the client’s experience and/or professional conduct of an examiner. Feedback will be recorded and monitored by the TAC in accordance with the Joint Medical Examination Quality Assurance Framework. No formal response will be requested from the examiner where feedback is provided.

17.7 A complaint will initiate a formal process, requiring a written response from an examiner. Where a complaint is lodged, the TAC will liaise directly with the examiner, outlining all concerns raised by the client and will seek a written response. The response from the examiner may include:

17.7.1 an apology;
17.7.2 further explanation, clarification or additional information regarding the examination or circumstances;
17.7.3 corrections to a report where factual or health information is incorrect.

Process

17.8 To lodge feedback or a complaint relating to a JME, the client or their lawyer must complete the concerns and complaints form via the TAC website.

17.9 Where feedback is received (positive or constructive), the TAC will:

17.9.1 record the feedback for quality assurance purposes;
17.9.2 send an acknowledgement letter to the client and their lawyer within 14 days of receipt and confirm no further action will be taken.

17.10 Where there is repetitive feedback about an examiner, the TAC may initiate contact with the practitioner. No action is required from the client or their lawyer in these instances. For more detail, refer to Clauses 17.16 to 17.18 below (Monitoring and quality assurance).

17.11 Where a complaint is received, the TAC will take carriage of the complaint as follows:

17.11.1 record the complaint for quality assurance purposes;
17.11.2 acknowledge receipt of the complaint by writing, to the client and their lawyer within 14 days;
17.11.3 write to the examiner within 21 days of receiving the formal complaint, seeking a written response to the issues raised;
17.11.4 provide the examiner’s response to the client and their lawyer within 7 days of receipt;
17.11.5 endeavour to resolve the complaint within 72 days of receiving the complaint.

17.12 Where a complaint involves complex issues, resolution of the issue may take longer than 72 days. In such cases, the TAC will keep the client and their lawyers informed of the progress and expected timeframes.

17.13 If a client remains unsatisfied with the outcome of the examiner’s response, refer to Clauses 17.14 to 17.15 below (Unresolved complaints).

Unresolved complaints

17.14 Escalation process:

17.14.1 Where either of the parties remain dissatisfied with the outcome of the response provided by the examiner, an attempt to resolve the issue should be made between the TAC and the client’s lawyer.
17.14.2 In the event that the issue remains unresolved, the concerned party may escalate the matter to the TAC Medical Examinations Team at medical_examiners@tac.vic.gov.au. The issue will be discussed at the Protocols Working Group where the TAC, LIV and ALA representatives will reach a determination on the issue.
17.14.3 The outcome will be communicated to the client and their lawyers.

17.15 Alternative resolution pathway: Alternative avenues to raise concerns regarding the conduct of an examiner may be addressed to the following bodies: AHPRA (via www.ahpra.gov.au) and the Health Complaints Commissioner (via hcc.vic.gov.au).

Monitoring and quality assurance

17.16 The TAC monitors all feedback and complaints for ongoing trends with respect to examiner behaviour and conduct in accordance with its quality assurance process. The TAC will initiate contact with an examiner when multiple complaints or feedback are received, or where emerging trends are identified.

17.17 The TAC will document and collate all feedback and complaints, their progress and outcomes for discussion at relevant forums.

17.18 Where there are significant concerns and trends identified regarding a JME (de-identified), the TAC will work together with the ALA and LIV representatives to decide the most appropriate course of action. This may involve temporarily pausing acceptance of future JME referrals with the practitioner until the TAC is satisfied that all resolutions have been addressed and referrals can be reinstated.

18. Exchange of information and privacy

Compliance with privacy laws and TAC policies

18.1 The TAC shall collect, use, and disclose all personal and health information in strict accordance with its privacy policy and applicable privacy legislation. The principles and statutory requirements described in the TAC’s privacy policy are incorporated by reference into these JME Guidelines.

18.2 Joint Medical Examiners must ensure that any exchange of personal or health information with the TAC complies with applicable privacy laws and these JME Guidelines.

Privacy obligations of Joint Medical Examiners

18.3 Joint Medical Examiners are registered health practitioners and are therefore required to comply with the Health Records Act 2001 (Vic), including the Health Privacy Principles set out in Schedule 2 of that Act.

18.4 The TAC expects Joint Medical Examiners to:

18.4.1 Be aware of their legal privacy obligations; and
18.4.2 Take appropriate and reasonable steps to ensure those obligations are met in practice when collecting, handling, storing and transmitting TAC client information, including the digital storage of client data on AI platforms.

Secure transmission and data handling

18.5 When exchanging reports, supporting documents, or other information containing TAC client personal or health information, Joint Medical Examiners must take reasonable steps to protect that information from misuse, loss, unauthorised access, modification or disclosure, consistent with Health Privacy Principle 4.1.

Storage and processing of information

18.6 Joint Medical Examiners must ensure that TAC client personal and health information is stored or processed only:

18.6.1 within Australia; or
18.6.2 in jurisdictions that have privacy protections substantially similar to those in Victoria, unless the TAC client has provided informed consent for the information to be transferred to another location.

This obligation reflects Health Privacy Principle 9.1.

Electronic communications with the TAC

18.7 Any electronic communication with the TAC, including the submission of medico‑legal reports or supporting documentation, is subject to the TAC’s privacy policy and electronic communication policy and guidelines.

18.8 Joint Medical Examiners are responsible for ensuring that any systems or service providers they use to communicate with the TAC support compliance with these requirements.

Appendix 1

FORM 44A

Rule 44.01

Expert witness code of conduct

1. A person engaged as an expert witness has an overriding duty to assist the Court impartially on matters relevant to the area of expertise of the witness.

2. An expert witness is not an advocate for a party.

3. Every report prepared by an expert witness for the use of the Court shall state the opinion or opinions of the expert and shall state, specify or provide:

(a) the name and address of the expert;
(b) an acknowledgment that the expert has read this code and agrees to be bound by it;
(c) the qualifications of the expert to prepare the report;
(d) the facts, matters and assumptions on which each opinion expressed in the report is based (a letter of instructions may be annexed);
(e)
- (i) the reasons for,
- (ii) any literature or other materials utilised in support of,
- (iii) a summary of each such opinion;
(f) (if applicable) that a particular question, issue or matter falls outside the expert's field of expertise;
(g) any examinations, tests or other investigations on which the expert has relied, identifying the person who carried them out and that person's qualifications;
(h) a declaration that the expert has made all the inquiries which the expert believes are desirable and appropriate, and that no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the Court;
(i) any qualification of an opinion expressed in the report without which the report is or may be incomplete or inaccurate; and
(j) whether any opinion expressed in the report is not a concluded opinion because of insufficient research or insufficient data or for any other reason.

4. Where an expert witness has provided to a party (or that party's legal representative) a report for the use of the Court, and the expert thereafter changes his or her opinion on a material matter, the expert shall forthwith provide to the party (or that party's legal representative) a supplementary report which shall state, specify or provide the information referred to in paragraphs (a), (d), (e), (g), (h), (i) and (j) of clause 3 of this code and, if applicable, paragraph (f) of that clause.

5. If directed to do so by the Court, an expert witness shall:

(a) confer with any other expert witness; and
(b) provide the Court with a joint report specifying (as the case requires) matters agreed and matters not agreed and the reasons for the experts not agreeing.

6. Each expert witness shall exercise his or her independent judgment in relation to every conference in which the expert participates pursuant to a direction of the Court and in relation to each report thereafter provided, and shall not act on any instruction or request to withhold or avoid agreement.


Joint Medical Examination Guidelines 1. Introduction 1.1 The transport accident scheme is a statutory compensation scheme for people who sustain an injury as a consequence of a transport accident. The interests of the injured person (client) are the foremost consideration of all parties to these Guidelines. 1.2 Consistent with its mission and vision statement, Client Service Charter and public commitment to model litigant guidelines, the Transport Accident Commission (TAC) strives to assess and deliver the correct entitlements to clients as expeditiously as possible. The role played by clients’ lawyers in this process is recognised by the TAC by way of the client's lawyers initiating the process, proactively arranging and initiating medical exams, obtaining and collating documentation, and engagement of negotiation to facilitate the most appropriate outcome for clients in accordance with the provisions of the Transport Accident Act 1986 (TAA). 1.3 The parties recognise that the processes giving rise to the assessment and delivery of benefits involves assessment by a suitably qualified medical practitioner. Where the assessment relates to impairment, practitioners must have completed training in the use of the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment, 4th Edition, and other prescribed methods, as applied to the relevant Victorian legislation. 1.4 In consultation with the Joint Medical Examination Reference Group, which includes representatives from the Law Institute of Victoria (LIV), the Australian Lawyers Alliance (ALA) and medical examiners, the TAC has developed these Guidelines for the purposes of arranging Joint Medical Examinations (JMEs) under Section 60(2F) of the TAA. Also refer to the Joint Medical Examination Protocol – 30 March 2026 as agreed between the TAC, LIV and ALA. 1.5 The TAC, LIV and ALA all agree that these Guidelines outline appropriate mechanisms and standards for the assessment of clients through the JME process. 1.6 In this document the term 'examiner' means a registered health practitioner within the meaning of the Health Practitioner Regulation National Law. 1.7 In this document the term ‘initiating parties’ means the TAC and the client’s lawyer representing the client. 1.8 The relationship between an examiner and a client undergoing a JME differs from that in a usual practitioner/patient relationship or the Independent Medical Examination (IME). Notwithstanding this difference, it is expected that recognised ethical, professional and legal standards and the applicable law will be adhered to at all times. 1.9 These Guidelines have been agreed to by the TAC, LIV and ALA who agree that they will comply with them and promote their use. 2. Objectives 2.1 The objectives of these Guidelines are: 2.1.1 To ensure that processes and procedures contemplated in Section 60(2F) of the TAA provide an efficient and expeditious method to assess clients and deliver appropriate damages and entitlements to clients who sustain injuries as a result of a transport accident; 2.1.2 To minimise the number of medical examinations that a client is required to attend; 2.1.3 To ensure that examiners comply with appropriate standards when assessing clients. 2.2 The TAC maintains its commitment to adhere to model litigant guidelines. 2.3 All parties maintain compliance with the overarching obligations of the Civil Procedure Act 2010. 3. Application 3.1 These Guidelines apply to JMEs to be conducted pursuant to Section 60(2F) of the TAA for the purposes of determining benefits, disputes or common law entitlements under Parts 3, 6 and 10 of the TAA. 4. JME process 4.1 The process for lodging a JME request for the client's lawyers can be found on the TAC website at Joint Medical Examination process for legal professionals. 4.2 The JME process for examiners who are assessing a client can be found on the TAC website at Joint Medical Examination process. 5. Practitioner registration and suitability Suitability of examiners 5.1 The ALA, LIV and TAC agree that a Joint Medical Examiner must meet the following criteria: 5.1.1 Be registered as a health practitioner under the Health Practitioner Regulation National Law in the profession and/or speciality in connection with which they are to conduct examinations; and 5.1.2 Hold current Australian Health Practitioner Regulatory Agency (AHPRA) registration with no conditions, undertakings, reprimands, limitations, or restrictions and not be subject to supervisory requirements; and 5.1.3 The examiner must maintain relevant clinical currency in their specialty or subspecialty in accordance with the Recency of Practice Registration Standard of the applicable AHPRA National Board; and 5.1.4 Adhere to the TAC’s Joint Medical Examination Protocol 2026, including these JME Guidelines and the TAC's JME fee schedule. Professional standards 5.2 Examiners must: 5.2.1 Maintain the standards of professional behaviour as outlined in Good Medical Practice: A Code of Conduct for Doctors in Australia when conducting medical examinations. 5.2.2 Treat clients with the same professional standards of care, consideration and courtesy that non-medico-legal patients would expect. This includes compliance with all relevant professional standards (such as codes of conduct, competency standards, clinical guidelines or policies) that apply to the examiner’s profession, speciality and/or sub-speciality, and otherwise ensuring that the examiner acts in accordance with the standards expected of a health practitioner in the relevant profession. 5.2.3 Comply with professional standards in the conduct of an examination, which are particularly important in connection with the following matters: professional behaviour; maintenance of professional boundaries; maintenance of clear and accurate medical records; informed consent; and proper conduct of physical examinations. 5.2.4 Comply with all relevant registration standards and policies required to maintain and renew their registration (such as registration standards relating to the maintenance of adequate professional indemnity insurance and continuing professional development). 6. Child safety 6.1 Examiners must: 6.1.1 Comply with all policies, procedures and standards relating to child safety and wellbeing in accordance with their profession; 6.1.2 Hold a valid and current Working with Children Check (WWCC); 6.1.3 Comply with all applicable child protection laws; 6.1.4 Adhere to the TAC's policy with respect to its obligations under child protection laws; 6.1.5 Ensure they do not, or omit to do, anything that would cause the TAC to breach its obligations under child protection laws. 6.2 Failure to comply with all criteria and guidelines may result in suspension or revocation of an approved JME. 7. Referrals 7.1 Examiners will receive written confirmation from the initiating party that the examination is jointly requested. Examiners must not undertake an examination as a JME unless they have received written confirmation from either initiating party. 7.2 The referring parties will consider the appropriateness for the referral before arranging the examination. Where an examiner considers a referral to be inappropriate (i.e. outside of their qualifications and experience), notification to the referring parties is to be made as soon as practicable and documented in any resulting report. 7.3 Examiners must not accept a referral or undertake an examination if a conflict of interest (actual, potential or perceived) might arise (see Section 8: Conflict of interest). 7.4 Initiating parties offer no guarantee regarding the number of referrals. 7.5 Examiners have the right to accept or decline any request by the initiating parties to undertake an assessment. 8. Conflict of interest Conflict of interest requirements 8.1 Examiners must act independently and impartially. Examiners must withdraw from examinations where an actual, potential or perceived conflicts of interest exist. 8.2 A conflict of interest arises where an examiner’s personal, professional, financial or business interests could improperly influence, or be perceived to influence, the examiner’s independence, objectivity or professional judgement. Examples of conflict of interest 8.3 Conflicts of interest requiring withdrawal include: 8.3.1 Prior examination of a client for an unrelated matter and prior treatment of a client 8.3.2 Where the examiner has a business or financial relationship with a healthcare professional involved in the client’s treatment, including where: 8.3.2.1 the examiner and the treating practitioner share a financial interest, partnership, directorship or ownership in the same practice or entity; 8.3.2.2 the examiner and the treating practitioner are engaged in a joint venture or revenue sharing arrangement; or 8.3.2.3 the examiner has the capacity to derive financial or commercial benefit directly or indirectly from the services to the client by the treating practitioner. 8.3.3 Where the examiner has a current business, employment, consultant or other commercial or contractual relationship with: 8.3.3.1 the client; 8.3.3.2 the client’s treating healthcare professional; 8.3.3.3 a legal representative acting for the client; 8.3.3.4 any person or entity with a direct financial interest in the outcome of the examination; or 8.3.3.5 a person or entity that is currently, or has previously, provided treatment or therapeutic services to the client in relation to any claimed transport accident related injuries. 8.3.4 a personal or family relationship with the client or treating practitioners, other independent practitioners and also legal representatives; 8.3.5 prior advocacy for or against the client. Obligations 8.4 Examiners must assess conflicts of interest before acceptance, immediately disclose any conflicts with full details, and cease work if conflicts emerge. 8.5 Examiners must not treat clients after conducting JMEs. 9. Appointment preparation Documentation 9.1 Examiners should view all relevant documents (e.g. medical reports, x-rays, surveillance material and medical records) sent by the initiating party. In the event that additional material is required, examiners should contact the initiating party, advising the reasons why the additional material is required. Examiners may not obtain or seek to obtain information about a client from any other source unless authorised by the client, their legal representative or the TAC. 9.2 The TAC will consider the client’s lawyers’ letter of instruction and attached documentation. The TAC will send any additional questions and material to the client’s lawyer for inclusion in the combined letter of instruction. The combined letter of instruction will be provided to the examiner no later than 14 days prior to the examination date. 9.3 The TAC and client’s lawyer agree to adhere to the Documentation Guide and will take all reasonable steps to avoid irrelevant material being sent to the examiner. Arranging travel and accommodation 9.4 The TAC will pay the agreed travel and reasonable accommodation costs associated with either the examiner or the client travelling for the purpose of conducting an examination, subject to the client’s lawyer obtaining prior approval from the TAC and providing all required invoices and receipts, in accordance with Clause 9.3 of the Joint Medical Examination Protocol 2026. Arranging an interpreter 9.5 The initiating party of the JME will arrange for a qualified interpreter to attend the examination if required. It is preferred that family and friends do not act as interpreters. Examiners must be sensitive to the presence of an interpreter if the client to be examined is to be undressed and to ask the client about the appropriateness of the interpreter being in the room during this time. 9.6 The TAC will pay the reasonable costs of an interpreter for the purpose of JMEs in accordance with its interpreting services fee schedule. Invoices and receipts should be submitted to the TAC after the JME as per the TAC's interpreting and translating services policy. Arranging security 9.7 If there are concerns about a client's behaviour and/or the client has identified behaviours of concern, the initiating party must endeavour to notify the non-initiating party and the examiner. Attendance of a security officer at the examination should be arranged. Examiners may also request the attendance of a security officer by contacting the initiating party. The initiating party is responsible for arranging and paying for the provision of the security officer. 9.8 Where an examiner is concerned about their safety, the TAC is supportive of converting the examination to telehealth where practical to do so. See the TAC's telehealth policy. If a telehealth assessment is not appropriate, the examination should be terminated and the initiating party notified. 10. Appointments Wait times and delays 10.1 The client must not be kept waiting for an unreasonable time. Examiners should aim to see clients within 30 minutes of the appointment time. 10.2 Where a client is delayed and arrives late to the scheduled appointment, examiners should provide a reasonable period of time (a minimum of 15 minutes) for clients to arrive before cancelling the appointment. Examiner cancellation and rescheduling 10.3 Examiners must notify the initiating party of any appointments that they need to cancel as soon as is practical after they become aware of the need for the cancellation. 10.4 Approval must be sought from the TAC prior to any rescheduled appointment taking place. Examiners should not make any rescheduling arrangement directly with the client. Client non-attendance and late cancellation 10.5 Non-attendance refers to a failure to attend the scheduled examination appointment. A late cancellation includes any cancellation or rescheduling made within two business days of the examination date. 10.6 The initiating party must take all reasonable steps to ensure the client attends the JME at the scheduled time. 10.7 The TAC will pay the agreed costs for one late cancellation/non-attendance where notification is provided less than 48 hours prior to the scheduled appointment, or the client fails to attend on the day of the appointment. 10.8 The TAC will fund a maximum of one non‑attendance or late cancellation per approved JME specialty. 10.9 The examiner should submit the initial invoice directly to the TAC for payment. For any subsequent late cancellations or non-attendances, the examiner should submit the invoice directly to the initiating party. Length of appointment 10.10 Examiners must allocate sufficient time to allow for a fair and comprehensive examination to be carried out. 11. Examinations Collaboration 11.1 Examiners will examine the client on behalf of both parties. Any observations, concerns or comments should be incorporated into the report. Personal attendance 11.2 Examiners must personally conduct the full medical JME including taking the history and preparing the JME report. Examiners must adhere to all relevant privacy and security requirements. Where Artificial Intelligence (AI) tools are used during the examination or in preparing the report, examiners must: 11.2.1 Remain accountable for all aspects of the examination and report, applying independent professional judgment to all AI outputs; 11.2.2 Understand the AI tool sufficiently to use it safely, including its intended use, limitations, how it was trained and tested, and contexts where it should not be used; 11.2.3 Obtain informed consent from the client prior to using any AI tool that records consultations, processes personal health information, or otherwise involves client data (see clause 11.17.2); 11.2.4 Ensure all use of AI tools complies with privacy and security requirements as outlined in Section 18, including verification that client data is collected, stored, used and disclosed in accordance with legal requirements; and 11.2.5 Be aware of and address any potential bias in AI tools. Third party attendance 11.3 If a client requests the presence of a family member or friend for support during the examination, this may be acceptable provided that the examiner considers this appropriate in the circumstance. The third person should not be allowed to disrupt the examination. 11.4 There should be no objection to the third person assisting in clarifying aspects of a client’s medical and injury history, but they should not be permitted to interfere with the normal interchange between the examiner and the client. 11.5 Clients attending a psychiatric or neuropsychological examination will normally be seen without family members or friends because of the personal and private nature of the questions asked. Examiners should provide due consideration where the client’s preference is to have a family member or friend attend the examination or part of the examination for support. 11.6 In specific circumstances, if required for proper assessment, examiners may interview family and friends separately to the client (e.g. minors, clients with a head injury or psychological injury). Surveillance 11.7 The TAC will not use scheduling of a JME for the purpose of conducting surveillance of the claimant. Accessibility 11.8 All examiners' rooms must be accessible premises pursuant to the Discrimination and Victorian Equal Opportunity Act 2010 (Vic). If there are any access limitations, examiners must notify the initiating party as soon as possible. 11.9 If a client is unable to attend the examination due to access limitations or the client’s medical condition, the examiner may be asked to conduct an examination at another suitable location. This is subject to the examiner’s consent and to reaching agreement with the initiating parties about suitable location and travel arrangements. 11.10 Videoconferencing may be approved in exceptional circumstances if a client is unable to attend an in-person examination. The JME must adhere to the TAC's telehealth requirements for medico-legal examinations. Telehealth examinations 11.11 Telehealth JMEs will only be approved in line with the TAC's telehealth policy. Approval depends on meeting the policy criteria, including suitability for the client’s condition and assessment needs. 11.12 A telehealth examination is defined as a videoconference attended by the medical examiner and the client. Audio-only examinations via phone are not permitted. 11.13 The preferred method for medico-legal assessments is an in-person examination. However, in some circumstances the use of videoconferencing may be clinically appropriate and convenient for clients. 11.14 Videoconference examinations may be considered in the following circumstances: 11.14.1 Psychiatry or neuropsychological assessments (where practical); 11.14.2 Where a physical examination is not required; or 11.14.3 The client is required to travel from interstate or from regional or remote areas. 11.15 Telehealth assessments are not encouraged in the following circumstances: 11.15.1 The client requires a detailed physical examination; 11.15.2 The case is complex (e.g. complex nerve where sensory testing required); 11.15.3 There is potential risk to the mental or physical health of the client, or it is necessary to provide a controlled or therapeutic setting ensuring privacy and comfort for the client; or 11.15.4 The client may not have capacity to fully participate in online assessments. 11.16 In addition to the requirements of the TAC's telehealth policy, examiners must: 11.16.1 Be confident that all components of the examination can be assessed adequately via telehealth, enabling a complete report to be provided without the need for a follow-up in-person examination. Examiners should review the documentation prior to the appointment to confirm the nature and complexity of the required examination; 11.16.2 Be confident in using the technology platform without compromise; 11.16.3 Be able to confirm the client’s identity; 11.16.4 Obtain consent from the client if any photography, screenshots, video or recording will be taken during the examination; and 11.16.5 Note in the report that the examination was conducted via telehealth, including the type of platform used, how the examination findings have been performed and documented, people present, consent of the client and both medical examiner and client’s location. Communication with the client 11.17 At the start of the medical examination, the examiner should: 11.17.1 Declare any perceived or actual conflict of interest to the client prior to the examination; 11.17.2 Obtain the client's informed written consent if AI is being used during the examination or in preparing the report. This consent must include: 11.17.2.1 A clear explanation of what AI tools will be used and for what purpose (e.g. transcription, diagnostic assistance, report preparation); 11.17.2.2 How the client's personal health information will be collected, used, stored and disclosed by the AI tool; 11.17.2.3 Whether the client's data will be used to train or improve the AI model; 11.17.2.4 Where the data will be stored (including whether it will be stored outside Australia); 11.17.2.5 Any limitations or risks associated with the AI tool; 11.17.2.6 That the examiner remains fully responsible for the accuracy and quality of the examination and report regardless of AI use; and 11.17.2.7 That the client has the right to decline the use of AI tools, in which case the examination will proceed without AI assistance. 11.17.3 Explain to the client the purpose of the examination and that it is an examination jointly agreed to by the client’s lawyer and the TAC; 11.17.4 Outline the expected duration of the examination to help the client prepare; 11.17.5 Clarify their role, including that they do not provide treatment except in medical emergencies, to prevent misunderstandings; 11.17.6 Inform the client that the report will be shared with the initiating parties and is therefore not confidential, ensuring transparency; 11.17.7 Reassure the client of their impartiality and confirm that their role is to provide an objective clinical assessment, not to determine the outcome of the claim; and 11.17.8 Identify their specialty and explain its relevance to the JME to establish credibility. 11.18 Examiners should avoid value judgements, personal comments, or providing findings or recommendations during the examination to maintain professionalism. 11.19 Examiners should clearly answer a client's questions about the purpose or relevance of any questions, procedures or other aspects of the JME. 11.20 Examiners should forewarn clients if an examination, test or procedure is required which may be considered or interpreted as intrusive, or cause some discomfort or pain. Examiners should explain why the examination, test or procedure is necessary and reassure the client that it will not worsen their condition. Examiners should obtain the client's consent prior to conducting the examination, test or procedure. Where consent is not given, this should be noted in the report. 11.21 Examiners should not discuss or provide treatment recommendations directly with the client. Any treatment recommendations are best made by, and should be provided through, the client’s treating practitioner. 11.22 Examiners should not contact the client directly prior to or post the examination to discuss the examination (other than confirming appointment details) or clarifying matters missed during the examination without firstly seeking approval from the initiating parties. Where approval has been obtained, examiners should ensure any contact directly with the client is detailed within their final report. Presentation and conduct during the examination 11.23 Examiners must present themselves in a professional manner at all times. Their examination facilities and equipment must be clean, safe and fit for purpose. 11.24 A gown or other covering must always be offered if a client is asked to undress. The examiner must excuse themselves or move out of the client's line of sight while the client is undressing. 11.25 Examiners must: 11.25.1 Conduct the entire assessment in person, unless otherwise agreed with the TAC, including the history and medical examination; and 11.25.2 Be responsible for the authorship and accuracy of the medical examination report (including any addendum or supplementary reports, if requested by the initiating parties); and 11.25.3 Not conduct any component of a medical examination without being in the room with a client, unless otherwise agreed between the examiner and a client (e.g. telehealth-based medical examination). Tests 11.26 Examiners may recommend further investigations such as pathology and imaging services in order to provide a complete and accurate assessment relating to a client’s potential eligibility to treatment, services and entitlements or where the findings of the assessment would be otherwise incomplete or unreliable. 11.27 Examiners must not initiate any investigations, tests or imaging without the consent from the client and prior consideration by the treating health practitioner. 11.28 Where the examiner requires further investigations, tests or imaging, this should be included as a recommendation in their report. This must include an explanation: 11.28.1 as to why a final assessment cannot be completed without the requested test, imaging or pathology; or 11.28.2 as to why a reliable impairment assessment cannot be provided due to additional imaging being required, together with details of the table(s) and/or text from the AMA 4th Edition Guides relevant to the imaging requested. 11.29 It is acknowledged that specialist tests may be required and initiated by an examiner in the following circumstances: lung function testing, audiology or sleep studies, which form part of the assessment. An addiction medicine specialist may conduct a breathalyser test, urine drug test and blood test(s) if considered necessary to provide an opinion. The client must provide their consent to such a special test. 11.30 Upon receiving the examiner’s report and any request for additional imaging, scans, and or investigations, the initiating party will discuss the recommendation with the client and provide a copy of the report to the client’s treating practitioner for consideration. 11.31 The initiating party will arrange for the results of the further investigations, tests or imaging to be provided to the examiner via a supplementary report request. Contact with treating healthcare practitioners 11.32 An examiner would usually not contact a client’s treating healthcare practitioner for the purpose of conducting a JME. Examiners are encouraged to obtain consent and to contact treating healthcare practitioners only if it will assist the examiner to raise urgent treatment recommendations. Written consent is not needed if the examiner has an overarching legal, ethical or professional obligation. 11.33 If examiners contact treating healthcare practitioners, the discussion should be documented in detail in the JME report. 12. Reports 12.1 Examiners must send identical copies of the report to the TAC and the client’s lawyer. All communications pertaining to the examination must be included in the report. There should be no separate communications (including written or verbal) to either party. 12.2 Examiners should consider the potential readership when preparing reports. Reports are mainly used by the initiating parties; however, reports may also be provided to the client who was the subject of the examination and treating healthcare professionals (with the consent of the examiner). They may be used in Court and may also be subject to requests made under the Freedom of Information Act 1982. 12.3 Examiners must comprehensively address all questions outlined in the combined letter of referral and consider all documentation provided by both parties when completing their report. The questions should be included in the report so it can be read as a stand-alone document. 12.4 Examiners’ reports should: 12.4.1 Be limited to matters of professional opinion and not contain comments about what decision the examiner considers the TAC or client’s lawyer should make unless there is a specific question; 12.4.2 Be in plain English and avoid the use of jargon or language that is overly technical. Where technical language is required, a brief explanation of what any technical terms or phrases mean should be provided; 12.4.3 Provide an accurate diagnosis based on references to a detailed and accurate history and an appropriate and thorough clinical examination; 12.4.4 Contain clear and unambiguous professional opinions and, where required, recommendations based in science and with reference to best practice medicine or best clinical practice; 12.4.5 Present an evidence-based approach to evaluating symptoms and clinical findings, as far as practicable; 12.4.6 Note if there is insufficient clinical information to make a diagnosis; 12.4.7 Contain reasons for all opinions expressed; 12.4.8 Be consistent in that opinions should accord with examination findings; 12.4.9 Be impartial, and not contain any value judgements or personal comments; 12.4.10 Contain only relevant information and only disclose personal information to the extent that it is relevant to the findings or opinions; 12.4.11 Only include descriptions of a client’s appearance or demeanour during the examination to the extent that it is relevant to the findings, opinions or recommendations made (e.g. as part of a mental state examination), and only where the relevance is articulated; 12.4.12 Be free of advocacy and/or bias for any party; 12.4.13 Note whether support people were present at the examination (such as interpreters); 12.4.14 Note the duration of the examination; and 12.4.15 Not contain recommendations with respect to treatment unless specifically requested. 12.5 Reports are to be completed and sent to the initiating parties within 10 working days of the examination. The initiating party should be contacted if this is unachievable. 12.6 Referrals may be paused if an examiner consistently fails to meet the report turnaround timeframes. Addendum and supplementary reports 12.7 Addendum reports provide corrections to the original medical examination report to address any errors or omissions. The TAC does not provide additional payment for addendum requests as they are considered part of the original report. 12.8 Unless otherwise stated, requests for a supplementary report should be considered jointly requested by the initiating parties. Where the initiating parties have not reached agreement, either party can obtain a supplementary report at their own expense. 12.9 An examiner may be required to undertake a re-assessment where a client’s condition is not substantially stabilised. Approval from the initiating parties is required for the examination to proceed as a JME. 12.10 Where possible, the initiating parties will provide one joint supplementary request letter to the examiner. 13. Fees 13.1 An examiner should invoice the TAC directly for reimbursement of the examination and report fee or supplementary reports that have been agreed to by the initiating parties. 13.2 The TAC agrees to pay the cost of all reports that have been agreed or deemed agreed to be undertaken as JMEs, in accordance with the TAC’s JME fee schedule, within 14 days of receiving both the report and a valid tax invoice from the examiner. 13.3 Report costs are not able to be paid until the fully completed report has been provided to both parties. 13.4 Invoices must comply with the How to invoice the TAC guidelines and utilise the correct item codes as prescribed in the JME fee schedule. 14. Quality assurance 14.1 Examiners will be expected to participate in quality assurance processes as requested. This may include participating in ad hoc or structured audits, training and/or feedback. 15. Court and tribunal attendance 15.1 Examiners must be available to attend and give evidence in the Victorian Civil and Administrative Tribunal and in Court proceedings. Some proceedings may be held in regional areas. This obligation continues beyond an examiner's term as an examiner in the JME process. 15.2 An examiner must be familiar with, and acknowledge within their report, their obligations as an expert witness in accordance with Form 44A – Expert Witness Code of Conduct in the Supreme Court (Chapter I Expert Witness Code Amendment) Rules 2016, together with Rule 44.03 of the Supreme Court (General Civil Procedure) Rules 2015, Rule 44.03 of the County Court Civil Procedures Rules 2018, VCAT Practice Note – PNVCAT 2 Expert Evidence dated 8 December 2022, Section 10(3) of the Civil Procedure Act 2010 (Vic) and part 4.6 of the Civil Procedure Act 2010 (Vic). Copies of the applicable obligations are provided as Appendix 1 to this document. 16. Notification 16.1 Examiners must notify the initiating parties immediately of: any conditions, undertakings, reprimands or restrictions on their AHPRA registration; or the suspension or cancellation of their AHPRA registration. The initiating parties must also be informed by the examiner of any of the above at the time the examination is requested. In these circumstances the JME will not meet the eligibility criteria. Any JME appointments booked will need to be cancelled, with the initiating party advised. 16.2 Examiners must notify the initiating parties immediately of complaints made against them. 16.3 Examiners must also notify the initiating parties immediately of, or within a reasonable time frame of becoming aware of any relevant matters affecting or capable of affecting their suitability to conduct examinations (suitability matter) where: 16.3.1 The examiner has received a referral to conduct an examination/s; 16.3.2 The examiner is scheduled to conduct an examination/s in the future; 16.3.3 The examiner expects to receive a referral to conduct an examination/s in the future; or 16.3.4 The examiner regularly conducts examinations. 16.4 Examiners must also notify the TAC immediately of any of the following circumstances that affect, or are capable of affecting, an examiner’s suitability (as outlined in Section 5) to conduct examinations: 16.4.1 If the examiner is the subject of a notification or complaint to AHPRA, the Health Complaints Commissioner, the Professional Services Authority or any other regulator; 16.4.2 If the examiner has been the subject of any adverse findings by any regulator, court or tribunal in connection with their area of practice; 16.4.3 If the examiner has been the subject of any regulatory action by a regulator in connection with their area of practice (including the issuing of a reprimand or caution); 16.4.4 If the examiner has been charged with, or been found guilty of, a relevant clinical offence; 16.4.5 If the examiner is suffering from (whether formally diagnosed or not) any health symptoms or conditions that could affect their capacity to practise safely and competently; and 16.4.6 If the examiner is the subject of a civil proceeding or claim in connection with their practice of the profession. 16.5 For the purposes of this clause, ‘relevant criminal offence’ means: 16.5.1 If the offence occurred or is alleged to have occurred in the course of the examiner’s practice as a health practitioner; and 16.5.2 If the offense occurred or is alleged to have occurred outside the course of the examiner’s practice as a health practitioner. 16.6 For the purposes of this clause, ‘within a reasonable time,’ is to be interpreted with regard to the timing of upcoming scheduled examinations, and generally speaking, will be a time period less than 10 days. However, where an examination is due to take place imminently and an examiner has become aware of a suitability matter, the examiner must make the notification immediately. 16.7 Where a practitioner’s AHPRA registration has been suspended or cancelled, JME requests with the nominated practitioner will be denied until the practitioner has their AHPRA registration reinstated. 16.8 Examiners must fully cooperate with the initiating parties where a complaint has been made about them during the course of their role in the JME process. 16.9 Where the JME Guidelines require an examiner to notify the TAC, the examiner must provide written notice to the TAC at medical_examiners@tac.vic.gov.au. 17. Feedback and complaints 17.1 This process is restricted to feedback and complaints relating to concerns about a client’s attendance at a JME and or the professional conduct of an examiner. 17.2 Feedback and complaints assist the TAC, ALA and LIV to monitor, evaluate and improve the operation of the JME process and experience for clients. 17.3 All feedback and complaints should be addressed promptly, with clear and transparent communication about the actions taken and the resulting outcome. 17.4 The TAC will take carriage of all feedback and complaints and will be responsible for liaising with all relevant stakeholders to resolve any complaints raised. 17.5 If a client wishes to provide feedback about their experience at a Joint Medical Examination, or where they have concerns regarding the professional conduct of an examiner, they may provide feedback (informal or formal) to their lawyer or to the TAC in accordance with Clauses 17.8 to 17.13 below (Process). 17.6 Feedback may be positive or constructive and can relate to the client’s experience and/or professional conduct of an examiner. Feedback will be recorded and monitored by the TAC in accordance with the Joint Medical Examination Quality Assurance Framework. No formal response will be requested from the examiner where feedback is provided. 17.7 A complaint will initiate a formal process, requiring a written response from an examiner. Where a complaint is lodged, the TAC will liaise directly with the examiner, outlining all concerns raised by the client and will seek a written response. The response from the examiner may include: 17.7.1 an apology; 17.7.2 further explanation, clarification or additional information regarding the examination or circumstances; 17.7.3 corrections to a report where factual or health information is incorrect. Process 17.8 To lodge feedback or a complaint relating to a JME, the client or their lawyer must complete the concerns and complaints form via the TAC website. 17.9 Where feedback is received (positive or constructive), the TAC will: 17.9.1 record the feedback for quality assurance purposes; 17.9.2 send an acknowledgement letter to the client and their lawyer within 14 days of receipt and confirm no further action will be taken. 17.10 Where there is repetitive feedback about an examiner, the TAC may initiate contact with the practitioner. No action is required from the client or their lawyer in these instances. For more detail, refer to Clauses 17.16 to 17.18 below (Monitoring and quality assurance). 17.11 Where a complaint is received, the TAC will take carriage of the complaint as follows: 17.11.1 record the complaint for quality assurance purposes; 17.11.2 acknowledge receipt of the complaint by writing, to the client and their lawyer within 14 days; 17.11.3 write to the examiner within 21 days of receiving the formal complaint, seeking a written response to the issues raised; 17.11.4 provide the examiner’s response to the client and their lawyer within 7 days of receipt; 17.11.5 endeavour to resolve the complaint within 72 days of receiving the complaint. 17.12 Where a complaint involves complex issues, resolution of the issue may take longer than 72 days. In such cases, the TAC will keep the client and their lawyers informed of the progress and expected timeframes. 17.13 If a client remains unsatisfied with the outcome of the examiner’s response, refer to Clauses 17.14 to 17.15 below (Unresolved complaints). Unresolved complaints 17.14 Escalation process: 17.14.1 Where either of the parties remain dissatisfied with the outcome of the response provided by the examiner, an attempt to resolve the issue should be made between the TAC and the client’s lawyer. 17.14.2 In the event that the issue remains unresolved, the concerned party may escalate the matter to the TAC Medical Examinations Team at medical_examiners@tac.vic.gov.au. The issue will be discussed at the Protocols Working Group where the TAC, LIV and ALA representatives will reach a determination on the issue. 17.14.3 The outcome will be communicated to the client and their lawyers. 17.15 Alternative resolution pathway: Alternative avenues to raise concerns regarding the conduct of an examiner may be addressed to the following bodies: AHPRA (via www.ahpra.gov.au) and the Health Complaints Commissioner (via hcc.vic.gov.au). Monitoring and quality assurance 17.16 The TAC monitors all feedback and complaints for ongoing trends with respect to examiner behaviour and conduct in accordance with its quality assurance process. The TAC will initiate contact with an examiner when multiple complaints or feedback are received, or where emerging trends are identified. 17.17 The TAC will document and collate all feedback and complaints, their progress and outcomes for discussion at relevant forums. 17.18 Where there are significant concerns and trends identified regarding a JME (de-identified), the TAC will work together with the ALA and LIV representatives to decide the most appropriate course of action. This may involve temporarily pausing acceptance of future JME referrals with the practitioner until the TAC is satisfied that all resolutions have been addressed and referrals can be reinstated. 18. Exchange of information and privacy Compliance with privacy laws and TAC policies 18.1 The TAC shall collect, use, and disclose all personal and health information in strict accordance with its privacy policy and applicable privacy legislation. The principles and statutory requirements described in the TAC’s privacy policy are incorporated by reference into these JME Guidelines. 18.2 Joint Medical Examiners must ensure that any exchange of personal or health information with the TAC complies with applicable privacy laws and these JME Guidelines. Privacy obligations of Joint Medical Examiners 18.3 Joint Medical Examiners are registered health practitioners and are therefore required to comply with the Health Records Act 2001 (Vic), including the Health Privacy Principles set out in Schedule 2 of that Act. 18.4 The TAC expects Joint Medical Examiners to: 18.4.1 Be aware of their legal privacy obligations; and 18.4.2 Take appropriate and reasonable steps to ensure those obligations are met in practice when collecting, handling, storing and transmitting TAC client information, including the digital storage of client data on AI platforms. Secure transmission and data handling 18.5 When exchanging reports, supporting documents, or other information containing TAC client personal or health information, Joint Medical Examiners must take reasonable steps to protect that information from misuse, loss, unauthorised access, modification or disclosure, consistent with Health Privacy Principle 4.1. Storage and processing of information 18.6 Joint Medical Examiners must ensure that TAC client personal and health information is stored or processed only: 18.6.1 within Australia; or 18.6.2 in jurisdictions that have privacy protections substantially similar to those in Victoria, unless the TAC client has provided informed consent for the information to be transferred to another location. This obligation reflects Health Privacy Principle 9.1. Electronic communications with the TAC 18.7 Any electronic communication with the TAC, including the submission of medico‑legal reports or supporting documentation, is subject to the TAC’s privacy policy and electronic communication policy and guidelines. 18.8 Joint Medical Examiners are responsible for ensuring that any systems or service providers they use to communicate with the TAC support compliance with these requirements. Appendix 1 FORM 44A Rule 44.01 Expert witness code of conduct 1. A person engaged as an expert witness has an overriding duty to assist the Court impartially on matters relevant to the area of expertise of the witness. 2. An expert witness is not an advocate for a party. 3. Every report prepared by an expert witness for the use of the Court shall state the opinion or opinions of the expert and shall state, specify or provide: (a) the name and address of the expert; (b) an acknowledgment that the expert has read this code and agrees to be bound by it; (c) the qualifications of the expert to prepare the report; (d) the facts, matters and assumptions on which each opinion expressed in the report is based (a letter of instructions may be annexed); (e) (i) the reasons for, (ii) any literature or other materials utilised in support of, (iii) a summary of each such opinion; (f) (if applicable) that a particular question, issue or matter falls outside the expert's field of expertise; (g) any examinations, tests or other investigations on which the expert has relied, identifying the person who carried them out and that person's qualifications; (h) a declaration that the expert has made all the inquiries which the expert believes are desirable and appropriate, and that no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the Court; (i) any qualification of an opinion expressed in the report without which the report is or may be incomplete or inaccurate; and (j) whether any opinion expressed in the report is not a concluded opinion because of insufficient research or insufficient data or for any other reason. 4. Where an expert witness has provided to a party (or that party's legal representative) a report for the use of the Court, and the expert thereafter changes his or her opinion on a material matter, the expert shall forthwith provide to the party (or that party's legal representative) a supplementary report which shall state, specify or provide the information referred to in paragraphs (a), (d), (e), (g), (h), (i) and (j) of clause 3 of this code and, if applicable, paragraph (f) of that clause. 5. If directed to do so by the Court, an expert witness shall: (a) confer with any other expert witness; and (b) provide the Court with a joint report specifying (as the case requires) matters agreed and matters not agreed and the reasons for the experts not agreeing. 6. Each expert witness shall exercise his or her independent judgment in relation to every conference in which the expert participates pursuant to a direction of the Court and in relation to each report thereafter provided, and shall not act on any instruction or request to withhold or avoid agreement.